Hon. Michael K. Carroll v. Commission on Judicial Conduct

Summary

The Arizona Supreme Court held that Commission on Judicial Conduct Rule 23(c) entitles a judge to a hearing upon a timely request after the Commission imposes an informal sanction, such as a public reprimand. The court concluded that denying Judge Michael K. Carroll's hearing request was erroneous and vacated the Commission's order, remanding for further proceedings.

Holdings

1. Commission Rule 23(c) entitles a judge to a hearing upon a timely request when the Commission imposes informal sanctions; it does not merely permit the judge to request a hearing that the Commission may grant or deny in its discretion.
2. The court exercised discretionary special-action jurisdiction because the issue was one of statewide importance likely to recur and informal sanctions were not otherwise reviewable by appeal.

Questions Presented

1. Whether Commission Rule 23(c) entitles a judge to a hearing upon a timely request after the Commission imposes informal sanctions.
2. Whether the Arizona Supreme Court should exercise discretionary special-action jurisdiction to review the Commission's denial of a hearing.

Disposition

vacated